Allahabad High Court
PRASHANT TIWARIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a prima facie case for bail and granted bail.
Summary
The applicant, Prashant Tiwari, filed a bail application under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, seeking release while his trial is pending. He contended that the charges were based on police rivalry, that he had no gang affiliation, and that he had already been granted bail in related cases. The State opposed the bail, arguing the seriousness of the offence. The court, after considering the material and without delving into the merits, found that the applicant had made out a prima facie case for bail. Accordingly, the court ordered his release on bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail can be granted to an accused under Section 3(1) of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 pending trial.
Legislation cited
Subjects
- bail
- U.P. Gangster and Anti-Social Activities (Prevention) Act
- Section 3(1)
- prima facie
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31437 of 2026
Prashant Tiwari
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Prakash Rathor
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.11 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Satya Prakash Rathor, learned counsel for the applicant, Sri
Rajendra Prasad Singh, learned State Law Officer for the State and perused
the material placed on record.
3. By means of the present bail application, the applicant seeks bail in Case
Crime No.179 of 2026, under Section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986, Police Station- Kabrai, District- Mahoba,
during the pendency of trial.
4. It is argued by the learned counsel for the applicant that the prosecution
under the Gangsters Act have been launched against the applicant on the
basis of three criminal case shown in the gang chart in which he has already
been enlarged on bail by the court concerned. The details of criminal cases
have been mentioned in the affidavit accompanying the bail application. He
has been falsely implicated in the present case due to police rivalry. He is
not the member of any gang. It is further stated that there is no other criminal
history of the applicant. The applicant is languishing in jail since 9.8.2026.
In case, the applicant is released on bail, he will not misuse the liberty of
bail.
5. On the other hand, learned State Law Officer opposed the prayer for bail.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 31437 of 2026
2
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Prashant Tiwari, be released on bail in the
aforementioned case crime on furnishing a personal bond and two sureties to
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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